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Copyright Act 1968
44BReproduction of writing on approved label for containers for chemical product
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44B Reproduction of writing on approved label for containers for chemical product
The reproduction on a label on a container for a chemical product of any writing appearing on an approved label is not an infringement of any copyright subsisting under this Part in relation to that writing.
44BA Acts done in relation to certain medicine
(1) The following acts are not an infringement of any copyright subsisting under this Part in a work that is product information approved under section 25AA of the Therapeutic Goods Act 1989 in relation to medicine:
(a) an act that is done under that Act and that is in respect of product information in relation to:
(i) restricted medicine; or
(ii) medicine in respect of which the applicant for the registration of that medicine under that Act has been given a notice of the kind referred to in subparagraph 25(1)(da)(ii) of that Act; or
(iii) medicine in respect of which subsection 25AA(2) or (3) of that Act applies;
(b) an act that is ancillary or incidental to an act referred to in paragraph (a).
(2) The following acts are not an infringement of any copyright subsisting under this Part in a work that is product information approved under section 25AA of the Therapeutic Goods Act 1989 in relation to medicine:
(a) supplying, in Australia, some or all of any product information that is approved under that section in relation to medicine;
(b) reproducing, in Australia, some or all of the information referred to in paragraph (a);
(c) publishing, in Australia, some or all of the information referred to in paragraph (a);
(d) communicating, in Australia, some or all of the information referred to in paragraph (a);
(e) adapting, in Australia, some or all of the information referred to in paragraph (a);
to the extent that the supply, reproduction, publication, communication or adaptation is for a purpose related to the safe and effective use of the medicine referred to in paragraph (a).
(3) An act done in Australia that is ancillary or incidental to a supply, reproduction, publication, communication or adaptation referred to in subsection (2) is not an infringement of any copyright subsisting under this Part in the work referred to in subsection (2).
(4) For the purposes of this section, medicine, product information and restricted medicine have the same meanings as in the Therapeutic Goods Act 1989.
44BB Copyright subsisting in works shared for healthcare or related purposes
(1) The copyright in a work is not infringed by an act comprised in the copyright in the work if:
(a) the act is done, or authorised to be done:
(i) for a purpose for which the collection, use or disclosure of health information is required or authorised under the My Health Records Act 2012; or
(ii) in circumstances in which a permitted general situation exists under item 1 of the table in subsection 16A(1) of the Privacy Act 1988 (serious threat to life, health or safety), or would exist if the act were done, or authorised to be done, by an entity that is an APP entity for the purposes of that Act; or
(iii) in circumstances in which a permitted health situation exists under section 16B of the Privacy Act 1988, or would exist if the act were done, or authorised to be done, by an entity that is an organisation for the purposes of that Act; or
(iv) for any other purpose relating to healthcare, or the communication or management of health information, prescribed by the regulations; and
(i) the work is substantially comprised of health information; or
(ii) the work allows for the storage, retrieval or use of health information and it is reasonably necessary to do the act, or authorise it to be done, in circumstances that would otherwise infringe copyright in the work.
healthcare has the same meaning as in the My Health Records Act 2012.
health information has the same meaning as in the My Health Records Act 2012.